ILLINOIS employment: - Is any kind of "Notice of resignation Contract" valid ? - Can i get Experience Letter from my Employer?

Asked 9 months ago - Bloomington, IL

Dear Sir/Madam

I was working at ILLINOIS as full-time employee of some company on L1-B Visa and when resigned i was able to give only 1 week of notice period.

Now before coming to Onsite company location (i.e. ILLINOIS USA), I signed one company agreement which has lot of points in that. Out of which one point states -
"4 weeks advance written notice of resignation is required while leaving the Company and an Employee who fails to give the required notice may not receive his/her experience letter from Company".

As i did not served the 4 weeks notice, my company did not provide Experience Letter to me.

So my questions are:
1. Does this kind of Notice period agreement holds true in ILLINOIS?
2. How can i get my my Experience Letter from Employer?

Your response is highly appreciated.

Attorney answers (2)

  1. Arthur Ross Ehrlich

    Pro

    Contributor Level 10

    Answered . Assuming that you are referring to some written confirmation that you worked at the company, as opposed to the "experience letter" being a legal requirement associated with your work visa, you could try to explain the reasons why you could not give 4 weeks notice as Judy mentions in her answer. It is possible you could work something out with the employer such as working some extra hours, agreeing to train the new employee, etc.. You would need a good reason for leaving for this to work. If that does not work out, then your next step is to request a copy of your personnel file. The personnel file will probably provide some documentation indicating that you worked for that company and what your duties were. Illinois law requires the employer to provide you with a copy of your personnel file when you make a written request for this to the HR dept.

  2. Judy A. Goldstein

    Contributor Level 20

    Answered . Since you did not work tyhe required length of time for the company and you had notice that you must do so in order to receive an experience letter, you are not entitled to such a letter. Perhaps if you speak to your employer and explain why you were onjly able to give 1 week's notice, the former employer will agree to furnish an exnperience letter.

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